Terms & Condition
The Terms of Use ("Terms") were last updated on [date of last update]
You should review these Terms carefully since they constitute an enforceable contract between us and include important information about your legal rights, remedies, and responsibilities.
WHETHER YOU RESIDE WITHIN INDIA OR IN ANOTHER JURISDICTION, BY ACCEPTING THESE TERMS, YOU ARE CONSENTING TO THE RESOLUTION OF ANY DISAGREEMENTS WITH (WEBSITE NAME) SOLELY THROUGH SMALL CLAIMS COURT OR BINDING INDIVIDUAL ARBITRATION. YOU ARE ALSO RELINQUISHING YOUR ABILITY TO ENGAGE IN CLASS ACTION LAWSUITS AND FOR CLAIMS TO BE DETERMINED BY A JURY, AS ELABORATED IN THE DISPUTE RESOLUTION SECTION.
Our primary goal at (website name) is to enhance people's lives through learning. We empower individuals worldwide to create and share educational content as instructors and access educational material to learn as students. Our marketplace model is designed to effectively deliver valuable educational content to our users. We have established guidelines to ensure a secure platform for you, us, and our community of students and instructors. These Terms apply to all interactions and engagements on the (website name) website, mobile and TV applications, APIs, and other associated services ("Services").
By using our website and apps, you allow third parties who provide services for (website name) to gain access to information about your browsing and app usage. These communications are consented to by using our Services.
1. Accounts
Our platform requires you to create an account in order to participate in most activities. It is of utmost importance to protect your password, as you are accountable for any actions taken under your account. Should you suspect any unauthorized use of your account, kindly inform our Support Team immediately. To access (website name), it is imperative that you have reached the legal age required for online services in your country.
An account is necessary for various actions on our platform, such as purchasing and accessing content or submitting content for publication. While setting up and maintaining your account, it is essential to provide accurate and complete information, including a valid email address. You hold full responsibility for your account and all its activities, including any harm or damage caused by unauthorized use. Safeguarding your password is crucial. Transferring or using someone else's account is not allowed. If you seek access to an account, we will only grant it if you can prove ownership. In case a user passes away, their account will be closed.
Do not disclose your account login information to anyone else. You are accountable for any activities associated with your account, and (website name) will not interfere in disagreements between students or instructors who have shared account login details. If you suspect unauthorized use of your account or any security breach, please inform our Support Team immediately. We may ask for verification to confirm your ownership of the account.
To create an account and access the Services on (website name), both students and instructors must be at least 18 years old. In cases where individuals are below 18 but meet the age requirement for online service consent in their jurisdiction (such as 13 in the US or 16 in Ireland), they are not eligible to establish an account. However, we encourage them to involve a parent or guardian to create an account and assist them in accessing appropriate content. If an individual is below the age of consent for online services, they are not permitted to create an account on (website name). If it comes to our attention that an account has been created in violation of these guidelines, the account will be terminated.
2. Enrollment And Lifetime Access To Content
By enrolling in a course or other materials, you are granted a license by us to access and view them exclusively through the (website name) Services. You cannot transfer or resell the content in any way. If there are legal or policy reasons to disable the content, or if a Subscription Plan is enrolled, a lifetime access license is generally provided.
(Website name) receives a license from instructors when they upload content to the site. The content can be sublicensed to students as they enroll. When you enroll in a course or other content, whether it is free or paid, you are obtaining a license from (website name) to view it exclusively on the (website name) platform. You are licensed, not sold, the content. No reselling is permitted under this license, including sharing account information or illegally downloading and distributing the content.
By using our website, you, as a student, are granted a limited, non-transferable license to access and view the content you have paid for. This license is for personal, non-commercial, and educational purposes only, and is subject to these Terms and any specific conditions associated with the content or features provided through our Services. Please note that all other uses of the content are strictly prohibited. You are not allowed to reproduce, transmit, sell, modify, create derivative works, or otherwise use the content without explicit written permission from an authorized representative of (website name). This also includes any content accessed through our APIs.
A lifetime access license is generally provided to our students when they enroll in a course. Any license to access and use any content may be revoked at any point in time if we determine or are compelled to disable access to it for legal or policy reasons. If, for example, a copyright complaint is filed against the course or other content you enrolled in, or we determine that it violates the Trust & Safety Guidelines, we may revoke the license. There is no lifetime access license for enrollments via Subscription Plans or for add-on features and services associated with the course or other content that you enroll in. Instructors can decide at any time to stop providing teaching assistance or Q&A services related to the content. You will have lifetime access to the course content, but not to the instructor.
Any direct license granted by instructors to students will be null and void and a violation of these Terms.
3. Payments, Credits, and Refunds
A valid payment method must be used when making a payment. Most content purchases from (website name) are refundable or credited within 30 days.
3.1 Pricing
Our Instructor Terms and Promotions Policy determine the prices of content on (website name). Our mobile and TV applications may have different prices than our website (website name), due to the pricing systems and policies of mobile platform providers.
Our content occasionally undergoes promotions and sales, during which some content is available at discounted prices. When you complete your purchase of the content (at checkout), the price will apply to the content. Because some of our promotions are only available to new users, the price offered for particular content may also vary when you are logged into your account.
You will see the listed currency based on your location when you created your account if you are logged in. If you are not logged in, the price currency is determined by the country where you are located. Other currencies are not available for users to view.
In countries where use and sales taxes, goods and services taxes, or value added taxes are applicable to consumer sales, we are responsible for collecting and remitting that tax. Taxes may be included in your price or added at checkout, depending on your location.
3.2 Payments
By making a purchase, you acknowledge your consent to cover the associated fees and permit us to utilize your debit or credit card, or employ alternative payment methods (such as Gpay, Paypal, direct debit, or mobile wallet) for processing payments. (website name) collaborates with payment service providers to provide you with the most suitable payment options available in your region, ensuring the security of your payment details. We may modify your payment methods based on the information shared by our payment service providers. For further information, kindly refer to our Privacy Policy.
The use of unauthorized or invalid payment methods is prohibited when making a purchase. If your payment method fails but you still get access to the content, you agree to pay us the corresponding fees within 30 days of notification from us. Any content for which we have not received adequate payment may be disabled.
3.3 Refunds and Refund Credits
If you are unsatisfied with the content you've acquired, you have the opportunity within 30 days of your purchase to ask (website name) for a reimbursement. This refund provision is not available for Subscription Plan acquisitions. Depending on our payment service providers' capabilities, the platform where you secured the content (website, mobile, or TV app), and other considerations, we might offer the refund either as a credit to your account or back to your original payment mode. If you seek a refund after the 30-day window has closed, it won't be granted. Yet, if the content you bought is later removed due to legal or policy guidelines, you will qualify for a refund, even past the 30-day mark. (website name) also holds the discretion to provide refunds beyond this period in circumstances where account fraud is suspected or confirmed.
Follow these steps to request a refund. According to the Instructor Terms, instructors agree that students are entitled to refunds.
Our refund credits will be automatically applied to your next content purchase on our website, but cannot be used on our mobile or TV applications. Credits for refunds may expire if not used within a specified period, and they have no cash value, unless otherwise required by law.
We reserve the right to refuse your refund, prevent you from receiving any further refunds, suspend your account, and/or impose other restrictions on your use of the Services in the future if we determine that you are abusing our refund policy, such as if you've already refunded the content or if you've consumed a significant amount of it. You are not entitled to a refund if you violate these Terms or our Trust & Safety Guidelines and we prohibit your account or restrict your access to the content as a result. You can find more details about our refund policy here.
4. Content And Behavior Rules
You must utilize (website name) exclusively for legal activities. You hold accountability for all the material you publish on our platform. It is essential to ensure that the reviews, inquiries, contributions, courses, and any other content you share comply with both our Trust & Safety Guidelines and the law. Moreover, it's crucial to exhibit respect for the intellectual property rights of others. In cases of recurring or significant violations, we retain the right to deactivate your account. If you suspect that someone is encroaching upon your copyright on our platform, please inform us immediately.
Unauthorized use of the Services or creating an account for illegal purposes is not allowed. Your use of the Services and behavior on our platform must adhere to the laws and regulations of your country. You are responsible for being aware of and following the applicable laws and regulations.
If you are a student, the Services allow you to communicate with course instructors, ask questions, and review content. In some cases, instructors may request you to submit content as part of assignments or tests. Do not post or submit any content that is not original.
As an instructor, you have the opportunity to share content on the platform and engage with the students who have enrolled in your courses. However, it is important to adhere to the law and respect the rights of others. This means that you cannot post any course, question, answer, review, or other content that goes against local or national laws and regulations in your country. It is your responsibility to ensure that any courses, content, and actions you take on the platform align with these guidelines and their potential consequences. Familiarize yourself with the copyright restrictions outlined in the Instructor Terms before submitting any content for publication on our website. Your compliance is greatly appreciated.
In the event that we receive notice that your course or content is in violation of the law or the rights of others, such as intellectual property or image rights, or involves illegal activities, we will take action accordingly. This may include removing your content from our platform. We also adhere to our Trust & Safety Guidelines, and if we find that your content or behavior goes against them, is unlawful, inappropriate, or objectionable (such as impersonation), we reserve the right to remove your content. Additionally, we strictly follow copyright laws.
The enforcement of these Terms and our Trust & Safety Guidelines is at the sole discretion of (website name). For any reason, including any violation of these Terms, failure to pay any fees when due, fraudulent chargeback requests, at the request of law enforcement or government agencies, prolonged periods of inactivity, unexpected technical issues or problems, or if we suspect that you are engaging in fraudulent or illegal activity, we may restrict or terminate your use of our platform and Services or ban your account, with or without prior notice. Upon any such termination, we reserve the right to delete your content and account, as well as to bar you from using our Services or accessing the platforms in the future. Even if your account is closed or temporarily disabled, your material might still be accessible on the sites. You acknowledge that in the event that your account is terminated, your material is removed, or your access to our platforms and services is restricted, we shall not be liable to you or any third party.
Please notify us if a user publishes something that violates your copyright or trademark rights. Our teacher agreements obligate our instructors to uphold the law and be mindful of others' intellectual property rights.
5. (website name)’s Rights to Content You Post
All materials you upload to our site, including your courses, remain your property. Your content may be distributed to anybody through any medium, including advertising on other websites.
The content that you post as a student or instructor (including courses) is yours to keep. By posting courses and other content, you authorise (website name) to reuse and distribute it, but you retain ownership rights over your content. As an instructor, you must be familiar with the content licensing terms outlined in the Instructor Terms.
When you post content, comments, questions, reviews, or submit ideas and suggestions for new features or improvements, you grant (website name) permission to use and share this content with anyone, distribute it and promote it on any platform and in any medium, and modify or edit it as we see fit.
By submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or developed in the future). This includes making your content available to other companies, organisations, or individuals who partner with (website name) for the syndication, broadcast, distribution, or publication of content on other media platforms, as well as for marketing purposes. You also waive, to the extent permitted by applicable law, any rights to privacy, publicity, or other rights of a similar nature applicable to all of these uses. You represent and warrant that you have the necessary rights, power, and authority to grant us permission to use any content you submit. You further consent to all such uses of your content without compensation.
6. Use Of (Website Name) Is At Your Own Risk
(Website name) enables anyone to create and publish content, and instructors and students can interact for teaching and learning. The use of (website name) is at your own risk, as with any platform where people can post content and interact.
Due to the nature of our platform, we do not review or edit content for legal issues, and we are unable to discern the legality of content. We do not exercise any editorial control over the content that is available on the platform and therefore cannot guarantee the content's dependability, validity, accuracy, or veracity. If you access content, you rely at your own risk on any information provided by an instructor.
You may be exposed to content that you find offensive, obscene, or objectionable by using the Services. To the extent permitted by applicable law, (website name) has no responsibility to keep such content from you and assumes no liability for your access to or enrollment in any course or other content. This also applies to health, wellness, and physical exercise-related content. You acknowledge the inherent risks and dangers in these categories of content, and by accessing them, you choose to voluntarily assume those risks, including the risk of illness, bodily injury, disability, or death. You are solely responsible for all decisions made prior to, during, and after your use of the content.
When interacting directly with a student or an instructor, you must exercise caution when disclosing personal information. Although we limit the categories of information instructors may request from students, we have no control over what students and instructors do with the information they obtain from other platform users. For your safety, you should not reveal your email address or other personal information.
We neither engage nor employ instructors, nor are we liable or responsible for any interactions between instructors and students. We are not responsible for any disputes, claims, losses, injuries, or damages arising from or relating to the conduct of instructors or students.
When you use our Services, you may encounter links to third-party websites that we neither own nor manage. We are not liable for the content or any other aspect of these third-party websites, including their collection of your information. Additionally, you should review their terms of service and privacy policies.
7. (Website Name)’s Rights
Our company owns the (website name) platform and Services, including the website, apps and services currently on the market, as well as things like our logos, API codes, and content created by our employees. They can't be tampered with or used without authorization.
A website, existing or future applications, APIs, databases, and content submitted or provided through our services (excluding content supplied by instructors and students) constitute and will remain the exclusive property of (website name) and its licensors. All rights, titles, and interests in and to (website name) platform and services are and will remain ours. Our platforms and services are protected by both domestic and foreign laws. (Website name) or any trademarks, logos, domain names, or other distinctive brand features of the (website name) are not granted to you. Your feedback, comments, or suggestions regarding (website name) or the Services will be used as we deem appropriate.
While accessing and using the (website name) platform and Services, you may not do the following:
- Unauthorized access to, tampering with, or use of non-public areas of (website name)'s platform (such as content storage), or (website name)'s service providers' computer systems.
- You may not disable, interfere with, or circumvent any security features of our platforms or probe, scan, or test their vulnerabilities.
- You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover the source code or content of (website name).
- You may not access, search, or attempt to search our platform through any means (automated or otherwise) other than through the search functionality provided via our website, mobile apps, or API (and only in accordance with those API terms and conditions). Scraping, spidering, using a robot, or otherwise automating access to the Services is prohibited.
- We prohibit you from using the Services to send fake or misleading information pretending to be from (website name) or to disrupt the access of other users, hosts, or networks. It includes sending viruses, flooding, spamming, or bombarding the platforms with emails. Using the Services in this manner creates unnecessary problems and interferes with their proper functioning. Please let us know if you engage in any of these activities.
8. Subscription Terms
Our subscription-based collections are subject to additional terms that apply to students ("Subscription Plans"). You agree to the additional terms in this section by using a Subscription Plan. Please note that the use of (website name) Business is not governed by these Terms, but by the agreement between (website name) and the subscribing organization.
8.1 Subscription Plans
During the term of your Subscription Plan subscription, we grant you a limited, non-exclusive, non-transferable license to access and view the included content via the Services. Except for the lifetime access license grant, the provisions outlined in the section titled "Content Enrollment and Lifetime Access" apply to Subscription Plan enrollments.
Access to interactive environments, such as workspaces ("Interactive Sessions"), may also be included with your Subscription Plan. A third party could offer Interactive Sessions. You are accountable for adhering to any third-party provider's terms and conditions.
Access to a Subscription Plan is determined by the scope, features, and cost of the subscription that you purchase or renew. You are not permitted to transfer, delegate, or share your subscription.
We reserve the right to revoke any license to use the content in our Subscription Plans at any time and at our sole discretion for legal or policy reasons, such as if we lose the right to offer the content via a Subscription Plan. In the "Content Enrollment and Lifetime Access" section, we provide additional information on our right to revoke.
8.2 Account Management
Please follow the steps outlined on our Support Page to cancel your subscription. Your access to a Subscription Plan will automatically end on the last day of your billing period if you cancel your subscription. Any fees already paid for your subscription will not be refunded or credited upon cancellation, unless otherwise required by law. If you cancel your subscription, your (website name) account will remain active.
8.3 Free Trials & Renewals
You may be able to start your subscription with a free trial. When you sign up for your subscription, you will be informed of the length of the free trial period. At our sole discretion, (website name) determines eligibility for a free trial and may limit access, eligibility, or duration. If we determine that you aren't eligible, we may terminate your free trial and suspend your subscription.
The subscription fee will be charged at the end of the free trial period. Unless you cancel your subscription prior to the end of the free trial period, your subscription will automatically renew according to your subscription settings (e.g., monthly or annually). On our Support Page, you can view applicable fees and dates of your free trial period.
8.4 Payments and Billing
The subscription fee will be listed at the time of your purchase. You can visit our Support Page to learn more about where to find the fees and dates applicable to your subscription. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. Depending on where you are located, you may qualify for a refund. See our Refund Policy for Subscription Plans for additional information.
You must provide a payment method in order to subscribe to a Subscription Plan. You grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you when you subscribe to a Subscription Plan. We will automatically renew your subscription for the same length of time and process your payment method for payment of the then-applicable fees at the end of each subscription term.
If we update your payment method based on information provided by our payment service providers, you authorize us to continue charging the then-applicable fees to your updated payment method.
Your subscription may be suspended or terminated if we are unable to accept payment through the payment method we have on file for you, or if you dispute charges made to your payment method and the chargeback is granted.
At our sole discretion, we may change our Subscription Plans and pricing. Any changes to your subscription or price will take effect following notice to you, except as otherwise required by law.
8.5 Interactive Session Restrictions
While accessing or using Interactive Sessions, you may not do the following:
- use the Interactive Sessions for any purpose other than to perform the activities as instructed by (website name)’s labs;
- On or through the Interactive Sessions, provide web, database, or forum access, or mine cryptocurrency;
- Our Support Page outlines our usage limitations;
- Any commercial production environment may access or use the Interactive Sessions;
- If you interfere with or disrupt our Services or the stability of our infrastructure during Interactive Sessions;
- Access or use Interactive Sessions with any data or information other than simulated, anonymous, non-personal, non-live data.
Additional restrictions are listed in the "Content and Behavior Rules" and "(website name)'s Rights" sections.
8.6 Subscription Disclaimers
There is no guarantee that any specific content will be available in any Subscription Plan or that there will be a minimum amount of content included in any Subscription Plan. We reserve the right to offer or cease to offer additional features to a Subscription Plan at any time, or to modify or terminate a Subscription Plan at our sole discretion. Using our Subscription Plans does not entail any obligation for us to preserve or store your inputted content. The following disclaimers are in addition to those listed in the "Disclaimers" section.
9. Miscellaneous Legal Terms
The Terms are just like any other contract, and they have boring but important legal terms that make sure we are protected from the many things that can go wrong and clarify the legal relationship between us.
9.1 Binding Agreement
By registering, accessing, or using our Services, you agree to enter into a legally binding contract with (website name). Please do not register, access, or otherwise use any of our Services if you do not agree to these Terms.
You represent and warrant that you are authorized to accept these Terms and use our Services on behalf of your company, organization, government, or other legal entity.
We may provide these Terms in other languages for convenience, and you understand and agree that if there is a conflict between the English and the other languages, the English version will prevail.
The remainder of these Terms will remain in effect if any provision of these Terms is found to be invalid or unenforceable by applicable law. If that provision is invalid or unenforceable, it will be replaced by a valid, enforceable provision that most closely matches the original intent of the provision.
We may decide to enforce our rights under these Terms even if we delay in exercising our rights or fail to exercise them in one case. Waiving any of our rights in a particular instance does not waive our rights generally or in the future.
9.2 Disclaimers
Our platform may go down for scheduled maintenance or because something goes wrong with the site. There is a possibility that one of our instructors may make misleading statements in their content. We may also encounter security issues. These are just a few examples. Any of these types of cases where things don't work out right will not give you any recourse against us. Legally, the Services and their content are provided "as is" and "as available.". It is our responsibility to ensure that the Services or their content is suitable, reliable, available, timely, secure, error-free, or accurate, and we (and our affiliates, suppliers, partners, and agents) do not make any such representations or warranties. In addition, we specifically disclaim any implied warranties or conditions (express or implied), such as merchantability, fitness for a particular purpose, title, and non-infringement. You will not obtain specific results from using the Services (or those of our affiliates, suppliers, partners, and agents). The use of the Services (including any content) is at your own risk. You might not be able to exclude implied warranties in some jurisdictions, so some of the above exclusions may not apply to you.
At any time and for any reason, we may decide to discontinue certain features of the Services. Any damages caused by such interruptions or non-availability of such features will not be covered by (website name) or its affiliates, suppliers, partners or agents.
Our Services may be delayed or fail to be provided due to circumstances beyond our reasonable control, such as war, hostility, sabotage, natural disasters, and electrical, internet, or telecommunication outages.
9.3 Limitation of Liability
There are inherent risks associated with using our Services, such as if you access health and wellness content such as yoga and sustain an injury. You completely accept these risks and agree that you will have no legal recourse should you incur loss or damage as a result of using our platform and Services. To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we've been informed of the possibility of such damages in advance. We are only liable (along with our group companies, suppliers, partners, and agents) for the greater of 8,292,91 INR or the amount you have paid us in the preceding 12 months. Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so some of the above provisions may not apply to you.
9.4 Indemnification
If you behave in a way that gets us into legal trouble, we may take legal action against you. (Website name), our group companies, and their officers, directors, suppliers, partners, and agents will be indemnified, defended (if requested), and held harmless for any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) resulting from: (a) your posts and submissions; (b) using the Services; (c) violating these Terms; or (d) infringement of a third party's rights. The indemnification obligation you have under these Terms will survive the termination of these Terms.
9.5 Governing Law and Jurisdiction
When these Terms mention "(website name)," they refer to the entity (website name) with whom you are contracting. As a student, your contracting entity and governing law depend on where you reside. Except in some cases as listed below, if you're a student located in India, these Terms are governed by the laws of India, without reference to its choice or conflict of law principles, and you consent to the exclusive jurisdiction of that state.
9.6 Legal Actions and Notices
It is prohibited for either party to bring an action against the other more than one year after the cause of action accrues, except where this limitation cannot be enforced. We will send any notice or other communication to you hereunder in writing by registered or certified mail return receipt requested, or by email (to the email associated with your account or to notices@(website name).com).
9.7 Relationship Between Us
Our relationship does not include joint ventures, partnerships, employment, contractors, or agency relationships.
9.8 No Assignment
You are not permitted to assign or transfer these Terms (or the rights and licenses granted pursuant to them). For instance, if you registered an account as an employee of a company, you cannot transfer your account to another employee. We may freely assign these Terms (or the rights and licenses granted under them) to another business or individual. There are no rights, benefits, or remedies granted to third parties by these Terms. You agree that your account is non-transferable and that all rights to your account and other rights granted by these Terms expire upon your passing.
10. Dispute Resolution
(Website name) is committed to resolving disputes with its consumers outside of the court system. If a dispute arises between us, you and (website name) agree to work assiduously and in good faith to reach a resolution that is fair and equitable for both parties using the below-described mandatory informal dispute resolution process. On occasion, a third party may be required to assist in the resolution of our dispute. This Dispute Resolution Agreement restricts the methods for resolving these disputes.
YOU AND (WEBSITE NAME) AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION THEREOF, OR TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH (WEBSITE NAME) (COLLECTIVELY, "DISPUTES") THAT
(WEBSITE NAME) AND YOU ALSO AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS CLASS MEMBER OR PLAINTIFF IN A CLASS OR REPRESENTATIVE PROCEEDING.
This Dispute Resolution Agreement applies to both you and (website name), as well as all of our respective agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and (website name). According to the Federal Arbitration Act, this Dispute Resolution Agreement is binding on you and (website name)'s respective heirs, successors, and assigns.
10.1 Mandatory Informal Dispute Resolution Process
You and (website name) must first participate in the informal dispute resolution process described in this section before filing a claim.
- The claiming party must send the other party a brief, written statement ("Claim Statement") that includes their full name, mailing address, and email address and explains: (a) the nature and specifics of the Dispute; and (b) a proposal for resolving it (including any money being claimed and how it was calculated). Sending a Claim Statement tolls the applicable statute of limitations for a period of sixty days, beginning on the date the Claim Statement is received. You must email your Claim Statement to notices@(website name).com.
- When any of us receives a Claim Statement, we will make a good faith effort to settle it amicably. Each of us has the right to file a formal claim against the other in small claims court or individual arbitration, subject to the conditions of this Dispute Resolution Agreement, if we are unable to resolve the dispute within sixty days of receipt.
Failure to complete this procedure constitutes a material breach of the Terms, and neither a court nor an arbitrator shall have the authority to hear or resolve any Disputes between you and (website name).
10.2 Fees and Costs
In the event of a dispute, you and (website name) agree to bear your own costs and attorneys' fees, provided, however, that either party may recover them if applicable laws allow. In determining that the arbitration was brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, a court or arbitrator may award attorneys' fees to the party defending against the claim.
10.3 No Class Actions
Each of us agrees that we can only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple people's claims into a single case (or preside over any consolidated, class, or representative action); (c) an arbitrator's decision or award in one claimant's case can only decide the disputes of that user, not others. It is not intended to limit the parties' rights to resolve a Dispute by mutual agreement through a class-wide settlement.
10.4 Changes
You may reject any such change by providing (website name) written notice of such rejection within 30 days of the date such change became effective, as indicated by the "last updated on" language above. For the notice to be effective, it must include your full name and plainly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you agree to arbitrate any dispute between you and (website name) in accordance with the provisions of this "Dispute Resolution" section as of the date on which you most recently indicated acceptance of these Terms.
10.5 Improperly Commenced Arbitration
If either party believes that the other has initiated an arbitration in violation of this Dispute Resolution Agreement, if such an arbitration is threatened, or if either party has reason to believe that an improperly initiated arbitration is imminent, the party against whom the arbitration has been or will be initiated may seek an order from a court of competent jurisdiction enjoining the arbitration from being filed or continued, and awarding its fees and costs, including reasonable attorneys' fees.
11. Updating These Terms
These Terms may be updated from time to time to clarify our practices or to reflect new or different practices (such as when we add new features). (website name) reserves the right to modify and/or make changes to these Terms at any time. Whenever we make a material change, we will notify you using prominent means, such as by sending an email to the email address specified in your account or by posting a notice on our Services. A modification becomes effective when it is posted, unless stated otherwise.
As long as you continue to use our Services after the changes become effective, you are deemed to have accepted the changes. All previous Terms shall be superseded by any revised Terms.
12. How to Contact Us
You can reach us by contacting our Support Team. Please let us know if you have any questions, concerns, or feedback regarding our services.
We appreciate you sharing your knowledge with us!